The Tripura High Court upheld the punishment imposed by the Tripura Khadi and Village Industries Board for the commission of misconduct on the part of the petitioner and held that the court can only interfere with the findings of the disciplinary committee in case of any procedural infirmity leading to violation of Natural Justice.
Brief Facts:
The Tripura Khadi and Village Industries Board imposed punishment upon the petitioner because of misconduct committed by him, which was challenged by him by filing a writ petition and thereafter the court set aside that order, the reason being that it was a non-speaking order. The disciplinary authority, thereafter dealt with the matter and passed the punishment which reduced the time scale of his pay to a lower stage and withheld five increments. The petitioner filed the present writ petition seeking interference by the court and exercising its power of judicial review under Article 226.
Contentions of the Applicant:
The learned counsel appearing for the petitioner contended that in the present case, the punishment imposed upon the petitioner was disproportionate in nature.
Observations of the Court:
The court observed that in the present case, the disciplinary committee had taken into consideration the points raised by the petitioner and had appreciated the evidence and relevant documents while passing the impugned order and exercise of the power of judicial review in this nature of cases is very limited and the court can only interfere with the findings of the disciplinary committee in case of any procedural infirmity leading to violation of natural justice.
It was further stated that the court can interfere with the same when appreciation of evidence is found perverse and the evidence recorded in a disciplinary proceeding need not be strict proof and the same is to be appreciated on a preponderance of probability.
The court concluded that the misconduct committed by the petitioner in the present case was grave in nature and the evidence recorded during the course of proceedings of the disciplinary committee cannot be said to be perverse.
The decision of the Court:
The court dismissed the petition and concluded that there was no ground to interfere with the punishment imposed by the disciplinary committee.
Case Title: Ashish Kanti Saha vs. The Tripura Khadi and Village Industries Board and anr.
Coram: Hon’ble Mr. Justice Arindam Lodh
Case No.: WP(C) 311/2023
Advocate for the Applicant: Mr. CS Sinha
Advocate for the Respondent: Mr. AK Pal
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